Segaert v Waverley Council [2020] NSWLEC 1658

Land and Environment Court New South Wales

Medium Neutral Citation: Segaert v Waverley Council [2020] NSWLEC 1658 Hearing dates: 19-20 November 2020 Date of orders: 18 December 2020 Decision date: 18 December 2020 Jurisdiction: Class 1 Before: Smithson AC Decision: The Court orders that: (1) The Applicants are granted leave to amend its plans. (2) The appeal is upheld. (3) Development application DA-255/2019 for a new garage and associated works at 65 Blair Street, North Bondi is determined by the grant of consent, subject to the condition attached at Annexure A. (4) The exhibits are returned except for Exhibits A, B, C, D, J and 1. Catchwords: DEVELOPMENT APPLICATION – New garage at front to replace existing garage at rear – semi-detached pair – controls preference rear garages – loss of verge street tree – proposal will increase onsite open space and landscaping ­– streetscape impacts – application of s 4.15(3A) of the EPA Act – precedent Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Waverley Local Environmental Plan 2012 Cases Cited: Goldin v Minister for Transport Administering the Ports Corporation and Waterways Management Act 1995 (2002) 121 LGERA 101; [2002] NSWLEC 75 Nixon v Waverley Council [2019] NSWLEC 1653 Project Venture Developments v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Texts Cited: Waverley Council Street Tree Masterplan 2008 Waverley Development Control Plan 2012 (Amendment No 6) Waverley Tree Management Policy 2019 Category: Principal judgment Parties: Michelle May Segaert (First Applicant) Karl William Onslow (Second Applicant) Waverley Council (Respondent) Representation: Counsel: A Hemmings (Applicant) J Ede (Solicitor) (Respondent)